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TBALink Opinion-Flash
February 25, 1998 -- Volume #4 -- Number #037
Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
- This Issue (IN THIS ORDER):
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 03-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 03-New Opinons From TCCA
- 00-New Opinons From TSC
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- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
TBALink Chief Editor
JAMES V. PEELER VS. METHODIST MEDICAL CENTER Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: John T. Johnson, Jr. George H. Buxton, III Kramer, Rayson, Leake, Rodgers Buxton Law Office & Morgan Oak Ridge, Tennessee Knoxville, Tennessee Judge:Loser First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The appellant contends the trial court erred (1) in finding a causal relationship between the claimant's employment and his injury and (2) in finding the claimant will retain permanent partial disabilities of forty-five percent to the right arm and thirty percent to the left arm. As discussed below, the panel has concluded the judgment should be affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/peelvmet_opn.WP6
MICHAEL LEE PROFFITT
VS.
SUPERIOR INDUSTRIES, INC.
Court:TSC - Workers Comp Panel
Attorneys:
For Appellant: For Appellee:
Steven H. Trent Greg Holt
Baker, Donelson, Bearman & Caldwell Seaton, Holt & Herrin
Johnson City, Tennessee Johnson City, Tennessee
Judge:Loser
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law. The employer has appealed
from an adverse judgment, contending the award of permanent partial
disability benefits is excessive. The employee contends the appeal is
frivolous. As discussed below, the panel has concluded the judgment
should be affirmed.
URL:http://www.tba.org/tba_files/TSC_WCP/profvsup_opn.WP6
ULYES WILLIAMS
VS.
CITY OF KNOXVILLE
Court:TSC - Workers Comp Panel
Attorneys:
For Appellant: For Appellee:
George T. Underwood J. Randolph Humble
Knoxville, Tennessee Knoxville, Tennessee
Judge:Loser
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law. The City of Knoxville
contends (1) the claim is barred by the statute of limitations and (2)
the trial court erred in not accepting the opinion testimony of the
treating physician. The claimant contends the trial court erred in
allowing credit for overpaid temporary total disability benefits. The
panel has concluded the judgment should be affirmed.
URL:http://www.tba.org/tba_files/TSC_WCP/willvcit_opn.WP6
THE KNOXVILLE NEWS-
SENTINEL
vs.
THOMAS DEE HUSKEY
In Re:
STATE OF TENNESSEE
vs.
THOMAS DEE HUSKEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
HERBERT S. MONCIER RICHARD L. HOLLOW
Suite 775 Nationsbank Ctr NATHAN D. ROWELL
550 Main Street Watson, Hollow & Reeves, PLC
Knoxville, TN 37902 1700 First Tennessee Plaza
Knoxville, TN 37901-0131
GREGORY P. ISAACS
Suite 280 One Centre Sq. JOHN KNOX WALKUP
Knoxville, TN 37901 Attorney General and Reporter
JOHN H. BAKER, III
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
City-County Building
Knoxville, TN 37902
Judge:SMITH
First Paragraph:
In this interlocutory appeal taken pursuant to Tennessee Rule of
Appellate Procedure 9, the Appellant, Thomas Dee Huskey, asks this
Court to reverse the decision of the Knox County Criminal Court
allowing Intervenor-Appellee, the Knoxville News-Sentinel,
(hereinafter KNS), to inspect previously sealed summary cover sheets
of attorney fee and expense claims which set forth the total fees and
expenses paid to defense counsel out of public funds dedicated for use
in representing indigent criminal defendants. The trial court also
ordered unsealed those documents reflecting the total amounts paid out
for the services of expert witnesses in the defense of the case.
Detailed attorneys fee and expense claims, motions and orders dealing
with authorization of expert services, and detailed time sheets of
undisclosed defense experts were left sealed and unavailable for
public or press inspection.
URL:http://www.tba.org/tba_files/TCCA/huskeyth_opn.WP6
STATE OF TENNESSEE
vs.
DARRELL KENNETH McCONNELL
Court:TCCA
Attorneys:
FOR THE APPELLANT:
PAUL G. WHETSTONE
502 N. Jackson Street
Morristown, TN 37814-3915
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
TIMOTHY F. BEHAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
C. BERKELEY BELL, JR.
District Attorney General
JOHN F. DUGGER, JR.
Assistant District Attorney General
Hamblen County Justice Ctr.
510 Allison Street
Morristown, TN 37814
Judge:SMITH
First Paragraph:
The defendant, Darrell Kenneth McConnell, pled guilty in the Hamblen
County Circuit Court to one (1) count of Class D criminal simulation
and six (6) counts of Class E criminal simulation. The trial court
denied alternative sentencing and imposed concurrent sentences of two
(2) years and one (1) day for the Class D felony and one (1) year for
each of the Class E felonies. On appeal, defendant challenges the
trial court's denial of alternative sentencing. We affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/mccondk_opn.WP6
STATE OF TENNESSEE
vs.
DWIGHT D. WINN
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Paul G. Whetstone John Knox Walkup
502 North Jackson Street Attorney General and Reporter
Morristown, TN 37814
Michael J. Fahey, II
Assistant Attorney General
425 Fifth Avenue North
Second Fl., Cordell Hull Bldg
Nashville, TN 37243
Victor Vaughn
Asst District Attorney General
510 Allison Street
Morristown, TN 37814
Judge:WADE
First Paragraph:
The defendant, Dwight D. Winn, pled guilty to simple possession of
marijuana, a Class A misdemeanor, reserving a certified question of
law for appeal. Tenn. R. Crim. P. 37(b)(2)(i). The trial court
imposed a sentence of eleven months and twenty-nine days and fined the
defendant two hundred fifty dollars.
URL:http://www.tba.org/tba_files/TCCA/winndd_opn.WP6
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